A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 8, 2012, the Defendant made a false statement to the victim E, “I am to lend money with the interest reduction rate of five parts. I do not know about whether I will complete the loan even if I do not have any loan with the house in his own name and receive the loan with the house in his own name as a collateral. I will immediately return the principal if I talk about three months before the principal is necessary.”

However, the Defendant did not have any particular property other than KRW 5 million, and the loan purchased in F’s name was established with the maximum debt amount of KRW 150,340,000,000 for the right to collateral security. Therefore, the Defendant was unable to obtain the loan as collateral. The Defendant did not have the intent and ability to repay the loan money due to the loan borrowed from the victim’s intent to repay the debt of others.

On October 8, 2012, the Defendant received money from the victim to the account of community credit cooperatives in the name of his father G, which was designated by the Defendant on October 8, 2012, as a loan, KRW 5 million, from around that time to February 25, 2013, the Defendant acquired money by deceiving KRW 15 million in total nine times as shown in the attached crime list.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act (Overallly, the choice of imprisonment);

1. Suspension of execution: The sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: The mitigation area among general fraud between 100 million and 500 million won, and special mitigation factors between 10 million and 500 million won: In cases of causing serious damage to the victim, the special mitigation factor is also liable for the damage to the victim, and the victim is punished for causing serious damage to the victim due to the instant crime committed by the withdrawal of the intention of punishment, but the victim is also entitled to receive more than five copies of the month above normal profit.